AMENDMENT REQUIRED FOR H1B STAMPING? Same MSA

[kmd3853]

Hello All, 

I have been working as a contractor for Client A, H1B extension is valid with Client A until 2022,  I got a new project in same MSA and my employer is asking us to file amendment but as per USCIS, I have read that amendment is not required if we are changing client in same MSA.

Concerns are

• The petition is valid until 2022 if I file amendment duration might be reduced 
• Planning to go to stamping around December time.

Please let me know your thoughts if we need to file amendment or can go stamping with old petition and only LCA  updated?

 

 

[shekar11#]

20 hours ago, kmd3853 said:

Hello All, 

I have been working as a contractor for Client A, H1B extension is valid with Client A until 2022,  I got a new project in same MSA and my employer is asking us to file amendment but as per USCIS, I have read that amendment is not required if we are changing client in same MSA.

Concerns are

• The petition is valid until 2022 if I file amendment duration might be reduced 
• Planning to go to stamping around December time.

Please let me know your thoughts if we need to file amendment or can go stamping with old petition and only LCA  updated?

 

 

Your employer is right. Recently there was a case in this forum where a person went for interview similar to yours (same MSA) and they got 221G since in the client name and address section in I-129 it still shows old client address. The person tried to explain the situation but the visa officer just issued 221G.

Always better to get amendment done even if the new project is in same MSA. Since premium service is still available you can file amendment in premium.

Edited September 11, 2019 by shekar11#

[gopalakrishnach]

Best to do amendment. Thats why my employer advised and I followed,,,

[Tjgarla]

Yes

[SR7]

@kmd3853 Hi, I'm in same situation, I filed h1b extension with my old client and got approval until 2022, but I moved to current client couple of months back and new client is in within 50miles to old client.I didn't file amendment as my attorney said is not required, as I'm planning for visa stamping end of this year Do I need to file LCA or Amendment before going stamping?Please advice me on this.

Edited September 16, 2019 by surendar777

[shekar11#]

10 hours ago, surendar777 said:

@kmd3853 Hi, I'm in same situation, I filed h1b extension with my old client and got approval until 2022, but I moved to current client couple of months back and new client is in within 50miles to old client.I didn't file amendment as my attorney said is not required, as I'm planning for visa stamping end of this year Do I need to file LCA or Amendment before going stamping?Please advice me on this.

Always better and safe. If you see your I-129 it will show old client address details, VO might be confused in case he checks that doc.

[shekar11#]

10 hours ago, surendar777 said:

@kmd3853 Hi, I'm in same situation, I filed h1b extension with my old client and got approval until 2022, but I moved to current client couple of months back and new client is in within 50miles to old client.I didn't file amendment as my attorney said is not required, as I'm planning for visa stamping end of this year Do I need to file LCA or Amendment before going stamping?Please advice me on this.

Always better and safe. If you see your I-129 it will show old client address details, VO might be confused in case he checks that doc.

[kmd3853]

As per my employer, I have filed my amendment.

Thanks all for your inputs.